San Diego Truck Accident Attorney

maintenance company, cargo loading company, and government entities. Sometimes, multiple defendants bear the blame.

Because of this, you need a truck accident lawyer who knows how to get to the bottom of the accident’s cause, build an unassailable case, and prosecute aggressively against multiple defense teams.

When multiple defendants are sued, they may work to transfer as much of the blame onto the plaintiff and other defendants. Because of this, a truck accident lawyer must defend his client against false attempts to pin the blame on the plaintiff and reduce a settlement or award based on comparative negligence.

In addition, your truck accident lawyer needs to prevent the defense from damaging your claim by confusing the issue of which defendant is to blame. All defendants share liability, and your lawyer fights to ensure you receive all the compensation you deserve.

Your San Diego truck accident lawyer must investigate all potential causes of the accident and determine all the liable parties, including the following:

The Truck Driver

Truck drivers seem obvious defendants, and, in most cases, the driver is liable, especially when his vehicle operation caused or contributed to the accident. However, the driver may not be solely responsible.

Truck drivers have a duty of care toward other motorists. They must obey traffic laws, take precautions to avoid accidents, take action to mitigate collisions, and drive according to Department of Transportation regulations. A failure to do any of these makes a trucker negligent and liable.

In many cases, driver error is to blame. Semi-trucks are challenging to maneuver, and drivers must be competent, attentive, and respect other drivers to operate their rigs safely. When they make an error, like hitting a vehicle because of taking a turn too widely, the driver has caused the accident through negligence.

Fatigue is also a significant factor in truck accidents. Spending up to 14 hours per day behind the wheel of a big rig wears down drivers, making them sleepy and increasing their reaction time. Many truck accidents occur because the overworked driver falls asleep.

Other instances involve illegal conduct. For example, we have all seen trucks speeding. Truckers make money based on the mileage covered, so they are financially incentivized to cover more distance per hour.

Also, truckers may compete with other drivers to be available for the next assignment and meet demands from trucking companies and logistics clients. For all these reasons, truckers often disregard the speed limit.

As with many jobs, boredom settles in during a long shift. Theoretically, truckers should remain max attentive to the road at all times. However, in reality, they may alleviate boredom by talking on the phone, texting, and engaging in other activities that divert their attention.

A few truck drivers get behind the wheel while drinking alcohol or drugs. The law prohibits truckers from driving while intoxicated or on recreational drugs. Truckers who engage in egregious conduct, like working under the influence or high, may face punitive damages.

The Trucking Company

Trucking companies may be directly- or indirectly liable for accidents caused by their drivers.

Direct liability arises when the trucking company engages in dangerous actions or enforces policies that endanger the public. For example, a trucking company may contribute to a collision by hiring unqualified drivers, providing inadequate supervision, or neglecting truck maintenance. 

Trucking companies also have vicarious liability when their drivers cause an accident. Winning under vicarious liability is no need for the plaintiff to prove the trucking company engaged in misconduct. Instead, the plaintiff prevails, provided he establishes that an employment relationship existed between the company and the driver. The driver was on the job at the time of the incident.

Many trucking companies attempt to avoid vicarious liability by classifying drivers as independent contractors. However, this defense only succeeds if the driver operates his own business. Courts often find that the driver was treated as an employee but classified as an independent contractor for liability purposes. In that case, the trucking company’s defense often fails.

Liability of Truck Manufacturers

Not all accidents happen because of driver error or trucking company misconduct. For example, some truck accidents result from a mechanical defect in the truck attributable to the manufacturer.

Claims may be based on manufacturing defects. They involve flaws in the assembly of the truck. To win, plaintiffs must prove the defect contributed to the injury.

Truck Maintenance Companies

Many trucking companies rely on separate entities to maintain and repair their trucks. For example, a truck sometimes has mechanical problems related to these maintenance and repair activities. Truck maintenance companies have liability when they fail to do their job correctly, either by overlooking an issue or fixing it improperly.

For example, the maintenance provider may have failed to fix a problem with the brakes or completed the job improperly. However, if this error causes an injury accident, the maintenance provider has liability.

Cargo Loaders

Cargo loaders must secure loads on flatbed trucks. Often, the material on these trucks breaks loose, debris hitting other vehicles or falling onto the roadway. These hazards cause severe injuries to people in other vehicles for which the cargo loader bears responsibility. 

Accidents also occur when closed trailers are overloaded or packed improperly. In these cases, the driver may lose control of the vehicle due to shifting cargo or excessive weight.

Truck drivers must inspect their load before embarkation. Failure to identify an unsecured load may result in the driver sharing liability.

Government Entities

Some accidents occur because of poor road maintenance instead of driver error, mechanical failure, or unsecured loads. For example, the government entities responsible for maintaining the roadway have liability when trucks crash due to road defects.